LGBT rights in Saint Lucia

LGBT rights in Saint Lucia
Saint Lucia
Same-sex sexual activity legal?	Male illegal Female legal.
Penalty:	Up to 10 years imprisonment as well as a fine.
Gender identity/expression	-
Discrimination protections	No
Family rights
Recognition of relationships	None
Adoption	-

Lesbian, gay, bisexual, and transgender (LGBT) people living in Saint Lucia face legal challenges not experienced by non-LGBT members of the population.

Same-sex sexual activity

Same-sex sexual activity is illegal for males and females in Saint Lucia.

Criminal Code, No. 9 of 2004 (Effective January 1, 2005)

Gross Indecency ^[1]

Section 132.

• (1) Any person who commits an act of gross indecency with another person commits an offence and is liable on conviction on indictment to imprisonment for ten years or on summary conviction to five years.
• (2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent.
• (3) For the purposes of subsection (2) —
  • (a) an act shall be deemed not to have been committed in private if it is committed in a public place; and
  • (b) a person shall be deemed not to consent to the commission of such an act if —
    • (i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;
    • (ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or (iii) that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder.
• (4) In this section “gross indecency” is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.”

Buggery

Section 133.

• (1) A person who commits buggery commits an offence and is liable on conviction on indictment to imprisonment for —
  • (a) life, if committed with force and without the consent of the other person;
  • (b) ten years, in any other case.
• (2) Any person who attempts to commit buggery, or commits an assault with intent to commit buggery, commits an offence and is liable to imprisonment for five years.
• (3) In this section “buggery” means sexual intercourse per anus by a male person with another male person.”

Opposition to the UN declaration

Saint Lucia was also the only UN member in the Americas to formally oppose the UN declaration on sexual orientation and gender identity.^[2]

Discrimination protections

Article 131 of the Labour Code, enacted in 2006, bans "unfair dismissal" based on sexual orientation.^[3]

Summary table

Same-sex sexual activity legal	For male (Penalty: Up to 10 years imprisonment and a fine) / For female
Equal age of consent	For male / For female
Anti-discrimination laws in employment	since 2006
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military	Has no military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• Politics of Saint Lucia
• LGBT rights in the Commonwealth of Nations
• LGBT rights in La Francophonie
• LGBT rights in the Americas
• LGBT rights by country or territory

References

1. ILGA, State Sponsored Homophobia 2013, p.93
2. General Assembly: 70th and 71st plenary meeting, morning session, 02:32:00
3. Labour Code, 2006